Juvenile Crimes Lawyer in Chicago
A juvenile arrest can affect a child’s education, future opportunities, and family stability. Early legal intervention is critical.
Illinois has an entirely separate juvenile justice system designed to address criminal allegations involving minors under the age of eighteen. The system focuses on rehabilitation, structure, and redirecting youth away from future criminal behavior. While this system is more flexible than the adult court system, the penalties can still be serious, and long term consequences may follow.
If your child has been arrested or accused of a juvenile offense, contact Kovacevic Law immediately. We work to protect minors from unnecessarily harsh penalties, fight for release from detention whenever possible, and pursue alternative programs that preserve a young person’s future.
What Happens When a Juvenile Is Arrested in Illinois
Illinois law treats juveniles differently than adults, especially regarding detention and questioning.
Juvenile Detention Time Limits
- Children under 12: Can only be detained for up to six hours. Parents or guardians must be contacted immediately.
- Ages 12 to 16: Can be detained for twelve to twenty four hours depending on the offense.
- Ages 16 and older: May be detained like adults in certain situations.
The timelines exist to minimize the trauma of detention and protect young people from extended isolation.
Police Questioning of Juveniles
Police do not always need to wait for a parent or attorney before questioning a minor, but they must make reasonable efforts to contact a parent or guardian after the arrest.
A youth officer must be present during questioning unless the case involves extremely serious charges requiring a lawyer, such as:
- Homicide
- Sexual assault
A youth officer is supposed to safeguard the minor’s rights, but they are still law enforcement. Anything said during questioning can still be used as evidence.
When Juveniles Are Tried in Adult Court
Most cases involving minors are handled through the juvenile court system. However, some situations allow the State to move the case to adult court.
Key factors include:
- Whether the offense is a felony or misdemeanor
- The age of the offender at the time of the act
- The seriousness of the crime
Minors close to eighteen or those accused of violent crimes face a greater risk of being tried as adults. When we represent a juvenile, one of our first priorities is to argue for juvenile court jurisdiction.
What to Expect in Juvenile Court
Juvenile cases move through a series of hearings that are different from adult criminal proceedings:
- Detention hearings: Determines whether the juvenile will be released or held during the case.
- Transfer hearings: Determines whether the minor will be tried as a juvenile or adult.
- Plea hearings: Allows the minor to enter a plea before the judge.
- Trial: A judge (not a jury) hears evidence and issues a finding.
- Sentencing hearings: If found delinquent, the judge imposes penalties.
Juveniles ages ten to sixteen may be held at the Cook County Juvenile Temporary Detention Center if detention is ordered.
Possible Penalties in Juvenile Court
Penalties in juvenile cases focus on rehabilitation rather than punishment. Consequences can include:
- Verbal warnings
- Fines or restitution
- Counseling
- Community service
- Probation
- Electronic monitoring
- House arrest
- Boot camp programs
- Placement in a juvenile detention facility
- In rare cases, incarceration in Cook County Jail or an Illinois state prison
Hiring a juvenile defense lawyer increases the chances of diversion programs, probation, or other alternatives instead of detention.
Expungement of Juvenile Records
Illinois has made it easier for juveniles to clear their records. Once expunged, the juvenile’s record will no longer show the arrest, charge, or adjudication. This can significantly improve access to employment, education, and housing.
However, some offenses cannot be expunged, including:
- First degree murder
- Felony sex offenses
- Driving under the influence
- Reckless driving
If you believe your child may qualify for expungement, Kovacevic Law can assist with the petition process and help protect their future.
For a free legal consultation with a Criminal Defense lawyer serving the Chicagoland area, call (312) 344-3340.
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Frequently asked questions
Understand the Illinois juvenile court process and what families should know before a hearing.
Will my child get a criminal record?
Most juvenile cases are kept separate from adult records, and many can be expunged later. However, certain serious offenses may remain on the record.
Can a juvenile be released to a parent instead of being detained?
Yes, many minors are released to a parent or guardian after a detention hearing, depending on the circumstances.
Do juveniles get jury trials?
No. In Illinois, juvenile cases are decided by a judge rather than a jury. The juvenile justice system focuses on rehabilitation, so hearings are held before a judge who reviews the evidence, listens to both sides, and determines the outcome. While juveniles do not have the right to a jury trial, they still have important rights, including the right to an attorney, the right to present evidence, and the right to challenge the state’s case.
Can a minor be charged as an adult?
Yes, especially if the minor is close to eighteen or the offense is violent or serious. We advocate strongly to keep cases in juvenile court.
Will my child need to speak to the police?
No, your child should not answer police questions without an attorney present. Even minors have the right to remain silent, and anything they say can be used against them in juvenile court.